Muhammed Kutty vs The Revenue Divisional Officer, ...
2023 Latest Caselaw 10032 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
      THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
 MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                     WP(C) NO. 30445 OF 2023


PETITIONER:

            MUHAMMED KUTTY
            AGED 77 YEARS
            S/O. MAMMED,
            PARAYIL HOUSE,
            EDARIKODE P.O., PERUMANNA,
            MALAPPURAM, PIN - 676501

            BY ADVS.
            K.J.MOHAMMED ANZAR
            P.K.MINIMOLE
            A.RADHAKRISHNAN NAIR
            BAPPU GALIB SALAM
            MUHAMMED ASHIQUE
            G.MOTILAL


RESPONDENT:

            THE REVENUE DIVISIONAL OFFICER,
            TIRUR, REVENUE DIVISIONAL OFFICE,
            TIRUR-THRIKANDIYOOR ROAD,
            TIRUR., PIN - 676101

            BY ADV
            DEVISHRI.R.
            GOVERNMENT PLEADER
     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   18.09.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.30445 of 2023
                                     -:2:-




                       BECHU KURIAN THOMAS, J.
                      --------------------------------------
                        W.P.(C).No.30445 of 2023
                     ---------------------------------------
                  Dated this 18th day of September, 2023


                                JUDGMENT

Petitioner is the owner of 24.22 Ares of land in Survey No.

179/8A-5 and 179/8A-6 of Perumanna Village in Tirur Taluk,

Malappuram District. Petitioner alleges that he had filed an application

in Form 5 under the Kerala Conservation of Paddy Land and Wetland

Rules, 2008 (for short 'the Rules'). Copy of the application submitted

by the petitioner is produced as Ext.P2.

2. According to him though the application was filed on

30.04.2022, neither the report has been submitted by the Agricultural

Officer nor has any decision been taken by the respondent.

3. Form 5 application filed by the petitioner is a statutory

application as per Rule 4(d) of the Rules. The competent authorities,

therefore, have a legal duty to consider the said application in

accordance with law within a reasonable time.

4. Having heard Sri. K.J.Mohammed Anzar, learned counsel for

the petitioner and Smt. Devishri.R., learned Government Pleader, I am

of the view that this writ petition can be disposed of with a direction to W.P.(C).No.30445 of 2023

take a decision on Ext.P2 application in a time bound manner.

5. Accordingly, there will be a direction to the Agricultural

Officer, having jurisdiction over Perumanna Village, Tirur Taluk,

Malappuram District, to submit a report as contemplated under Rule

4(e) of the Rules within a period of two months from the date of receipt

of a copy of this judgment. Pursuant to receipt of the said report, the

respondent shall take a decision on Ext.P2 application within four

months thereafter. The timelines specified above shall be strictly

complied with by the respective officers. Petitioner shall produce a

copy of this judgment before the Agricultural Officer concerned for due

compliance.

The writ petition is disposed of accordingly.

Sd/-

BECHU KURIAN THOMAS JUDGE Jka/18.09.23.

 W.P.(C).No.30445 of 2023





                     APPENDIX OF WP(C) 30445/2023


PETITIONER'S EXHIBITS
Exhibit P1                 TRUE   COPY    OF  JENMAM   SALE   DEED
                           NO.835/1/96   OF  S.R.O,  KALPAKANCHERY
                           DATED 17.04.1996.

Exhibit P2                 TRUE COPY OF THE APPLICATION SUBMITTED
                           IN FORM-5 DATED 30.04.2022.

Exhibit P3                 TRUE   COPY      OF   THE   RECEIPT   DATED
                           30.04.2022.